Kirby

Petitioner, Edward J. Kirby, Director of Alcoholic Beverage Control of the State of California (hereinafter sometimes referred to as the “department”), petitions the court for a writ of review of the decision of respondent Alcoholic Beverage Control Appeals Board of the State of California (hereinafter sometimes referred to as the “appeals board”). Petitioner, who is charged with the administration of alcoholic beverage licenses, executed an accusation against William Kraker, doing business as S.S. Friendship Cafe (hereinafter sometimes called the “licensee”), alleging that the licensee engaged in conduct contrary to public welfare and morals in violation of article XX, section 22 of the state Constitution, and section 24200, subdivision (a) of the Business and Professions Code.

An administrative hearing was held and the hearing officer issued a proposed decision in which he recommended that “The license is suspended for twenty (20) days, with execution of five (5) days of said suspension stayed upon the condition that no subsequent final determination be made, after hearing or upon stipulation and waiver^ that cause for disciplinary action occurred within one (1) year…